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Fernando Sarmiento vs. Magno S. Gatmaitan, etal.

FERNANDO SARMIENTO, petitioner, vs. HON. MAGNO S. GATMAITAN, Chairman, HON. JOSE M. LEUTERIO and HON. LUIS B. REYES, Members, COURT OF APPEALS, Manila, and CATALINA PONCE AS GUARDIAN AD LITEM, Mandawe City, respondents.

G.R. No. L-38173 | 1987-11-12

D E C I S I O N


PADILLA, J.:

This case originated in the trial court as an action for acknowledgment and support of two (2) minor children, namely, Jaime Ponce and Romeo Ponce, filed by their mother, Catalina Ponce, against herein petitioner Fernando Sarmiento.

After trial, on 29 March 1971, the court a quo rendered a decision 1 favorable to the plaintiff. Defendant received copy of the decision on 14 April 1971. Not satisfied with the decision, defendant, now petitioner herein, on 20 April 1971, clearly within the reglementary period, filed a notice of appeal and, thereafter, the record on appeal. On 18 June 1971, the trial court...